Court of Appeals of Georgia June 26, 1941, 28856. (Hayes v. Hayes)

Stephens, P. J.

Marjorie Morgan Hayes instituted suit in the superior court of Eulton County against Mose S. Hayes on Octo

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ber 11, 1939. It was alleged in the petition substantially as follows: The plaintiff and the defendant were husband and wife, and on September 1, 1936, while they were living in a bona fide state of separation, they entered into the following contract: "That said parties